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Home My WebLink About2004-03-10 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA \ CITY COUNCIL CHAMBERS J March 10, 2004 - 7:00 p.m. 1. CALL TO ORDER: a, Roll Cal! b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion, There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *February 25, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSH)ERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. PZ03-50-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that Title 14 of the Kenai Zoning Code be amended by adopting KMC 14.20.175 for the regulation of adult-oriented businesses. Discussion/Set public hearing, 7. NEW BUSINESS; a. A lease application for Lot 11, Ekolin Subdivision No. 3 submitted by Rockwell G. Smith d/b/a Preferred Plumbing and Heating -Discussion & Recommendation b. Request to purchase a portion of "Dustbowl" -Discussion and Recommendation 8. PENDING ITEMS: a. Amendment of KMC 14.20.320 -Modular Homes 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB "Notice of Plat Committee Decision" -Baron Park No. 12 b. Zoning Bulletin (2110104 & 2125/04} 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MARCH 10, 2004 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.rn. 1-a. Roll CaI1 Members Present: C. Glick, P. Bryson, R. Goecke, N. Amen, B. Eldridge, J. Hamrnelman, and J. Barrett Others Present: Council Member Linda Swarner, City Attorney Cary Graves, Department Assistant Nancy Carver, and Contract Secretary B. Roper 1-b. Agenda Approval The following items were added to the agenda; ADD TO: Item 7-b, memorandum from R. Frates, Parks 8~ Recreation Director regarding "Dustbowl" ADD AS: Item 12-c, Resignation Letter from Commissioner Goecke. MOTION: Commissioner Goecke MOVED to approve the agenda as amended adding the lay down items provided prior to the meeting and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- February 25, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion $a Recommendation -- A lease application for Lot 11, Etolin Subdivision No. 3 submitted by Rockwell G. Smith d/b/a Preferred Plumbing and Heating MOTION: Commissioner Bryson MOVED to recommend approval of the lease application as the use is ira accordance to the zoning code. Commissioner Goecke SECONDED the motion. Commissioner Bryson asked if the facility is in conjunction with the existing adjacent structure. The applicant confirmed it was and will be utilized as a storage facility. Commissioner Eldridge asked if the structure would utilize the same driveway and the applicant confirmed it would. VOTE: Barrett Yes Hammelman Yes Eldrid e Yes Amen Yes Glick Yes Goecke Yes B son Yes MOTION PASSED UNANIMOUSLY. 7-b. Discussion and Recommendation -- Request to purchase a portion of "Dustbowl" MOTION: Commissioner Eldridge MOVED to recommend Council allow the purchase of the small section of the dustbowl and Commissioner Hammelman SECONDED the motion . Glick read the memorandum from Director Frates requesting suggestions as to how the remaining portion of Lot 1, Baron Park No. 5 Subdivision should be used or maintained in the event of a sale. Department Assistant Carver handed out a colored aerial photo of the area depicting the lot to be sold. Commissioner Barrett asked the purchaser how he intended to access the property. PLANNING & ZONING COMMISSION MEETING MARCH 10, 2004 PAGE 2 Nate Kiel, 404 Lawton, Kenai, Alaska -- Kiel indicated it was his intent to access from the Spur Highway, closest to the current access. Commissioner Bryson asked if the State was contacted and would they allow access from the Spur Highway. Kiel answered, he had not contacted the State but would do SO. Discussion took place regarding to the entire dustbowl area and whether or not there may be better uses for the lot rather than the small portion to be sold. Eldridge asked if the small lot would be sufficient for Kiel's plans and Kiel replied, after conferring with city officials it was determined the size was sufficient. Eldridge expressed concern that a small portion of the lot would be cut out and sold and asked for the minimum lot requirement. Carver indicated she felt it met minimum lot size requirements but would do more research. Bryson reminded the Commission they were charged with determining whether or not the area was needed for public purpose and whether it should be sold. After further discussion, Eldridge withdrew his motion with the concurrence of the second, Commissioner Hammelman. MOTION: Commissioner Bryson MOVED to find the property not needed for public purpose and recommended disposal. Commissioner Goecke SECONDED the motion. VOTE: Barrett Yes Hamrnelman Yes Eldrid e Yes Amen No Glick Yes Goecke Yes B san No MOTION PASSED. ITEM b: OLD BUSINESS 6-a. PZ03-50 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that Title 14 of the Kenai Zoning Code be amended by adopting KMC 14.20.175 for the regulation of adult-oriented businesses. Discussion/Set public hearing. PLANNING 8v ZONING COMMISSION MEETING MARCH 10, 2004 PAGE 3 MOTION: Commissioner Goecke MOVED to recommend approval of PZ03-50 and to direct staff to schedule a public hearing. Commissioner Eldridge SECONDED the motion. City Attorney Graves explained the three methods reviewed to regulate Sexual Oriented Businesses (SOB's). The draft ordinance (included in the packet) would allow SOB's as a permitted use in certain sections of town within a specified distance from churches and schools. Barrett asked if the operations within a SOB could be regulated and Attorney Graves replied it would require additional personnel, so the City would be hesitant in regulating operations. Discussion took place regarding the age limit at SOB's and it was noted, if alcohol was sold on the premises the State liquor laws would fall into place. Eldridge expressed concern with the buffer and indicated 1,000 feet may still allow opportunity for an SOB within town and he felt that was not acceptable. Discussion followed regarding 300, 500 and 1,000-foot buffers. MOTION TO AMEND: Commissioner Goecke MOVED to amend the main motion to recommend the draft ordinance include a 500' buffer between schools and churches. Commissioner Barrett SECONDED the motion. VOTE ON MOTION TO AMEND: Barrett Yes Hamrnelman Yes Eldrid e No Amen Yes Glick Yes Goecke Yes B son Yes MOTION PASSED. VOTE ON MAIN AMENDED MOTION: Barrett Yes Hamrnelrnan Yes Eldrid e Yes Amen Yes Glick Yes Goecke Yes B son Yes MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for April 28, 2004. PLANNING & ZONING COMMISSION MEETING MARCH 10, 2004 PAGE 4 Councilwoman Swarner explained her request for the ordinance and noted, on a visit to Colorado a colleague questioned whether or not Kenai had an ordinance addressing adult-oriented businesses as her small town did not and when such a business moved in no one was prepared for it. ITEM S: PENDING ITEMS 8-a. Amendment of KMC 14.20.320 -Modular Homes -the issue is to be discussed at a later date. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10• REPORTS 10-a. City Council -- Council Member Swarner reviewed the March 3, 2004 council meeting action agenda included in the packet. Discussion took place on the condensation problems at the multipurpose facility. Carver indicated the problem was being addressed by staff. 10-b. Borough Planning -- Bryson reviewed the Borough Planning Commission March 8 meeting agenda and discussed action taken. 10-c. Administration -- Carver reported work was continuing on the annual CUP reports and three are outstanding. A revocation hearing will be scheduled for the next Planning & Zoning meeting with the other two scheduled for a later date. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. KPB "Notice of Plat Committee Decision" -Baron Park No. 12 12-b. Zoning Bulletin (2/ 10/04 & 2/25/04) ITEM 13 : COMMISSION COMMENTS Ss QUESTIONS Commissioner Barrett thanked staff for the maps provided relating to the adult- oriented businesses. He suggested the residential areas be blocked out before the public hearing. Barrett added, he preferred "adult-oriented business " (AOB) versus "sexual-oriented business" (SOB) and thanked Attorney Graves for the change. Commissioner Bryson thanked Commissioner Goecke for his service to the Planning & Zoning Commission. PLANNING & ZONING COMMISSION MEETING MARCH 10, 2004 PAGE 5 Commissioner Eldridge also thanked Commissioner Goecke for his service. Eldridge reiterated his concern with a small portion of a lot being sold without looking at the entire area and felt the Iot would not be as viable with the small section pulled out of it. He added, he thought the City should look further into these types of situations. Carver stated she would look into the process. Commisssoner Hamrrielman wished Commissioner Goecke good luck. Commissioner Amen stated it was a pleasure serving on the Commission with Commissioner Goecke. Commissioner Goecke thanked everyone for their accolades and explained his reason for his departure, noting after all the years he served, it was time to move on. Council Member Swarner noted anyone interested in being appointed to the Commisiion should submit an application to the City Clerk. The applications are available for download on the City's website. Commissioner Bryson stated he shared the concern with Commissioner Eldridge with regard to the small portion of the lot being sold and thought it appropriate Administration consider the overall plans for the area. Bryson added, the Commission did what it was requested to do. Commissioner Hammelrnan stated he hated to see someone punished for having a good idea because there may be some better use for the entire lot. Chairnxan Glick thanked Commissioner Goecke for his service and added, he was happy to serve with him. ITEM 14: ADJOURNMENT MOTION: Commissioner Goecke MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. 50 ORDERED. The meeting adjourned at approximately $:15 p.m. Minutes transcribed and prepared by: Q.t ~ o Barbara Roper, Co tract Secretary PLANNING & ZONING COMMISSION MEETING MARCH 10, 2004 PAGE 6